Reactions trail WakaNow’s copyright infringement chaos
By Zion Rufus
A Lagos-based professional photographer, known by his brand name Owusi’s Lens, has accused Nigerian travel agency WakaNow of copyright infringement.
The photographer alleges that WakaNow used one of his photos of the Southeast Ofala youth carnival without his consent. The photo captured a group of young people participating in a traditional procession during the Otala Festival at Zik Roundabout in Onitsha, Anambra State.
The photographer had registered the image with the Nigerian Copyright Commission (NCC) after realizing its significance. However, he stumbled upon WakaNow’s social media campaign ad on Twitter featuring his copyrighted image.
Seeking an amicable resolution, the photographer reached out to WakaNow’s head of marketing but claimed they attempted to deceive him. As a result, he engaged a lawyer and demanded N50 million in compensation for the alleged copyright infringement.
In response, WakaNow raised several points, including the contention that the roundabout, being an official state symbol, is ineligible for copyright protection. They also claimed that the advertisement material was produced through an independent creative process. In turn, WakaNow accused the photographer of making defamatory remarks on social media and demanded N100 million in counterclaim.
Commenting on the matter in an Instagram post shared by d_intangible.nugget, Aisha Augie, a communications strategist, expressed support for the photographer, emphasizing the uniqueness of the captured image.
“Well nobody in the entire world can create the exact image taken at that exact second by that photographer even if they were standing side by side. I’m with the photographer on this one so Wakanow needs to just settle with the person amicably or the courts should grant his request,” she said.
Other individuals, such as d_intangible.nugget, an intellectual property lawyer and Blessing Kolajo, echoed the sentiment that copyright ownership lies with the photographer. They urged WakaNow to settle amicably or face legal consequences.
d_intangible.nugget said in agreement with Augie’s submission, “I am happy the photographer knows his IP right and even went the extra mile to notify NCC of his work. We need more photographers to see the beauty of Intellectual Property and how it benefits them as creatives.”
The debate raises an important question regarding the copyrightability of an image that features an official state symbol while exhibiting originality and creative effort. As the case unfolds, the courts will have the opportunity to provide clarity on this matter.
On her part, Blessing Kolajo, a creative lawyer and poet noted in the same comment “copyright law says that when you take a photograph, you become the copyright owner of the image created. I also do not remember if there were any exceptions to that rule, their defense is extremely watery because that spot might be a public place but the particular image used is someone’s property. They should start gathering money.”
IP and Entertainment lawyer, Mydigitallawyer shared “Wakanow should just call this guy and they settle amicably, money must be involved. Even if this is a public space the image taken by the photographer becomes his own property. And WakaNow should have taken their own exact image, but no, they chose to use someone’s image. well if they decide to go the route of litigation, let’s see what my lords will have to say; as the court pleases.”
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